Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Part 3 Transport booking services
Division 3.1 Basic concepts
28 Meaning of transport booking service
In this Act:
"transport booking service"—
(a) means a person who—
(i) accepts bookings from people for bookable vehicles; and
(ii) communicates the bookings to bookable vehicle drivers; but
(b) does not include—
(i) a person who is a bookable vehicle driver if the booking is for the driver; or
(ii) a person prescribed by regulation to not be a transport booking service.
Note Person includes a corporation as well as an individual (see Legislation Act
, s 160).
29 Meaning of bookable vehicle and bookable vehicle driver
In this Act:
"bookable vehicle" means—
(a) a taxi; or
(b) a rideshare vehicle; or
(c) a hire car.
Note Taxi —see s 45. Rideshare vehicle —see s 60A. Hire car —see s 67.
"bookable vehicle driver" means—
(a) a taxi driver; or
(b) a rideshare driver; or
(c) a hire car driver.
Note Rideshare driver —see s 60A. Taxi driver —see the dictionary.
Division 3.2 Transport booking service—accreditation
30 Transport booking service—purpose of accreditation
The purpose of accrediting a transport booking service is to ensure that the transport booking service, and each person who is concerned with, or takes part in, the management of the transport booking service—
(a) is suitable to operate the transport booking service; and
(b) has demonstrated capacity to comply with this Act.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
31 Transport booking service—regulations about accreditation
(1) A regulation may provide a system for the accreditation of transport booking services, including, for example—
(a) the conditions of an accreditation; and
(b) matters relating to the issuing, refusal or surrender of an accreditation; and
(c) the action that may be taken in relation to an accredited transport booking service in circumstances prescribed by regulation, including—
(i) the suspension or cancellation of an accreditation; and
(ii) the imposition of a condition on, or the amendment of a condition of, an accreditation; and
(iii) an order that an accredited transport booking service pay to the Territory an amount of not more than—
(A) for an individual—$5 000; or
(B) for a corporation—$25 000; and
(iv) the reprimanding of an accredited transport booking service.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(2) A regulation may make provision about the accreditation of transport booking services, including, for example—
(a) requirements about the suitability of the applicant and each person who is to be concerned with, or take part in, the management of the transport booking service; and
(b) capacity to meet service standards.
32 Transport booking service must be accredited
(1) A person commits an offence if the person—
(a) operates a transport booking service; and
(b) is not an accredited transport booking service.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
33 Transport booking service must comply with accreditation conditions
(1) A person commits an offence if the person—
(a) is an accredited transport booking service; and
(b) fails to comply with a condition of the accreditation.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
34 Pretend to be accredited transport booking service
A person commits an offence if the person pretends to be an accredited transport booking service.
Maximum penalty: 30 penalty units.
Division 3.3 Transport booking service—affiliated drivers and affiliated operators
35 Meaning of affiliated driver
In this Act:
"affiliated driver", for a transport booking service, means a bookable vehicle driver who has an affiliated driver agreement with the booking service.
Note A rideshare driver must be an affiliated driver (see s 36F).
36 Meaning of affiliated driver agreement
In this Act:
"affiliated driver agreement" means an agreement between a bookable vehicle driver and a transport booking service for—
(a) the transport booking service to provide a booking service for the driver; and
(b) the driver to provide a taxi service, rideshare service or hire car service using a stated bookable vehicle via the booking service.
36A Pretend to be affiliated driver
(1) A person commits an offence if the person pretends to be an affiliated driver for a transport booking service.
Maximum penalty: 30 penalty units.
(2) An offence against this section is a strict liability offence.
36B Meaning of affiliated operator
In this Act:
"affiliated operator", for a transport booking service, means a taxi service operator, or hire care service operator, who has an affiliated operator agreement with the booking service.
36C Meaning of affiliated operator agreement
In this Act:
"affiliated operator agreement" means an agreement between a taxi service operator, or hire care service operator, and a transport booking service for—
(a) the transport booking service to provide a booking service for drivers for the operator's service; and
(b) the taxi service operator, or hire care service operator, to operate the taxi service, or hire car service, using stated drivers and stated vehicles, via the booking service.
36D Pretend to be affiliated operator
(1) A person commits an offence if the person pretends to be an affiliated operator for a transport booking service.
Maximum penalty: 30 penalty units.
(2) An offence against this section is a strict liability offence.
36E Taxi driver or taxi service operator must be affiliated with transport booking service
(1) A person commits an offence if—
(a) the person is a taxi driver for a taxi service; and
(b) the person is not an affiliated driver for a transport booking service; and
(c) the taxi service operator is not—
(i) an affiliated operator for a transport booking service; or
(ii) an independent taxi service operator.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if the person—
(a) operates a taxi service; and
(b) is not either—
(i) an affiliated operator for a transport booking service; or
(ii) an independent taxi service operator.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability offence.
36F Rideshare driver must be affiliated with transport booking service
(1) A person commits an offence if the person—
(a) is a rideshare driver, and
(b) is not an affiliated driver for a transport booking service.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
Division 3.4 Transport booking service—operation
36G Transport booking service—responsibilities
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) does not take reasonable steps to ensure that an affiliated driver either—
(i) holds a public vehicle licence that authorises the driver to drive the bookable vehicle; or
(ii) is exempted by the Road Transport (Driver Licensing) Regulation 2000
from holding an Australian driver licence.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if the person—
(a) is a transport booking service; and
(b) does not take reasonable steps to ensure that—
(i) each affiliated taxi service operator is an accredited taxi service operator; and
(ii) each affiliated hire car service operator is an accredited hire car service operator.
Maximum penalty: 20 penalty units.
(3) A person commits an offence if the person—
(a) is a transport booking service; and
(b) does not take reasonable steps to ensure that—
(i) each affiliated rideshare driver is an accredited rideshare driver; and
(ii) each vehicle to be used by a rideshare driver for a rideshare is—
(A) a licensed rideshare vehicle; and
(B) insured in the way prescribed by regulation under section 60N (d) (Licensed rideshare vehicle not to be used unless insured).
Maximum penalty: 20 penalty units.
(4) An offence against this section is a strict liability offence.
36H Transport booking services—regulations about operation
A regulation may make provision about the operation of transport booking services, including, for example—
(a) the agreements and other arrangements that transport booking services may make with bookable vehicle drivers, taxi service operators and hire car service operators; and
(b) service standards for transport booking services; and
(c) the safety of drivers and passengers (including, for example, particular kinds of security devices); and
(d) the operation of equipment for sending messages between transport booking services and bookable vehicle drivers; and
(e) management of bookings for particular kinds of bookable vehicles including, for example, wheelchair-accessible taxis; and
(f) the accessibility of booking services for different kinds of passengers; and
(g) the payment by passengers of gratuities and other amounts in addition to fares; and
(h) directions that transport booking services may give to bookable vehicle drivers; and
(i) customer inquiries and complaints; and
(j) the making and keeping of records and their inspection; and
(k) the auditing of records and systems; and
(l) the provision of information and reports to the road transport authority.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
36I Court may order transport booking service to take certain actions
(1) This section applies if a court finds a corporation guilty of an offence against 1 of more of the following sections:
(a) section 32 (Transport booking service must be accredited);
(b) section 33 (Transport booking service must comply with accreditation conditions);
(c) section 36G (Transport booking service—responsibilities).
(2) In addition to, or instead of, any other penalty the court may impose on the corporation, the court may order the corporation to do 1 or more of the following:
(a) take any action stated by the court to publicise—
(i) the offence; and
(ii) the consequences resulting from or related to the conduct from which the offence arose; and
(iii) any penalties imposed, or other orders made, because of the offence;
(b) take any action stated by the court to notify 1 or more stated people of the matters mentioned in paragraph (a);
(c) do stated things or establish or carry out a stated project for the public benefit even if the project is unrelated to the offence.
Example—par (a)
advertise on television or in a daily newspaper
Example—par (b)
publish a notice in an annual report or distribute a notice to shareholders of the corporation
Example—par (c)
develop and operate a community service
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(3) In making the order, the court may state a period within which the action must be taken, the thing must be done or the project must be established or carried out, and may also impose any other requirement that it considers necessary or desirable for enforcement of the order or to make the order effective.
(4) The total cost to the corporation of compliance with an order or orders under subsection (2) in relation to a single offence must not be more than 6 500 penalty units (including any fine imposed for the offence).
(5) If the court decides to make an order under subsection (2), it must, in deciding the kind of order, take into account, as far as practicable—
(a) the severity and extent of the consequences resulting from or related to the conduct from which the offence arose; and
(b) any actions taken by the corporation to rectify damage resulting from or related to the conduct from which the offence arose; and
(c) the financial circumstances of the corporation; and
(d) the nature of the burden that compliance with the order will impose on the corporation.
(6) The court is not prevented from making an order under subsection (2) only because it has been unable to find out the financial circumstances of the corporation.
(7) If a corporation fails, without reasonable excuse, to comply with an order under subsection (2) (a) or (b) within the stated period (if any) the court may, on application by the road transport authority, by order authorise the director-general—
(a) to do anything that is necessary or convenient to carry out any action that remains to be done under the order and that it is still practicable to do; and
(b) to publicise the failure of the corporation to comply with the order.
(8) If the court makes an order under subsection (7), the director-general must comply with the order.
(9) Subsection (7) does not prevent contempt of court proceedings from being started or continued against a corporation that has failed to comply with an order under this section.
(10) The reasonable cost of complying with an order under subsection (7) is a debt owing to the Territory by the corporation against which the order was made.